Bill Text: NY A02083 | 2017-2018 | General Assembly | Introduced


Bill Title: Allows liquor licenses to be issued to certain premises within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-04-25 - enacting clause stricken [A02083 Detail]

Download: New_York-2017-A02083-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2083
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. SKARTADOS, MONTESANO, LALOR, GOTTFRIED, BICHOTTE,
          PALMESANO  --  Multi-Sponsored  by -- M. of A. COOK, CROUCH, KEARNS --
          read once and referred to the Committee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          allowing  liquor  licenses to be issued to certain premises within two
          hundred feet of a building occupied exclusively as a  school,  church,
          synagogue or other place of worship
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section  105  of  the  alcoholic  beverage
     2  control law is amended by adding a new paragraph (d) to read as follows:
     3    (d)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     4  sion, the authority may issue a retail license for on-premises  consump-
     5  tion for a premises which shall be within two hundred feet of a building
     6  occupied  exclusively  as  a school, church, synagogue or other place of
     7  worship, provided:
     8    (i) such premises constitutes a premises  for  the  sale  of  food  or
     9  beverages  at retail for consumption on the premises and/or an overnight
    10  lodging facility;
    11    (ii) such premises is wholly located within a  municipality  having  a
    12  population of less than one million people;
    13    (iii)  such  premises  is  located  in  a  commercial retail zone that
    14  permits the sale of liquor; and
    15    (iv) the governing body of the municipality  enacts  a  local  law  or
    16  resolution in support of the application for the license.
    17    § 2. Subdivision 7 of section 64 of the alcoholic beverage control law
    18  is amended by adding a new paragraph (e-9) to read as follows:
    19    (e-9) Notwithstanding the provisions of paragraph (a) of this subdivi-
    20  sion,  the authority may issue a retail license for on-premises consump-
    21  tion for a premises which shall be within two hundred feet of a building
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01538-01-7

        A. 2083                             2
     1  occupied exclusively as a school, church, synagogue or  other  place  of
     2  worship, provided:
     3    (i)  such  premises  constitutes  a  premises  for the sale of food or
     4  beverages at retail for consumption on the premises and/or an  overnight
     5  lodging facility;
     6    (ii)  such  premises  is wholly located within a municipality having a
     7  population of less than one million people;
     8    (iii) such premises is  located  in  a  commercial  retail  zone  that
     9  permits the sale of liquor; and
    10    (iv)  the  governing  body  of  the municipality enacts a local law or
    11  resolution in support of the application for the license.
    12    § 3. Subdivision 7 of section 64-a of the alcoholic  beverage  control
    13  law is amended by adding a new paragraph (c-4) to read as follows:
    14    (c-4)  Notwithstanding the provisions of subparagraph (i) of paragraph
    15  (a) of this subdivision, the authority may issue a  retail  license  for
    16  on-premises consumption for a premises which shall be within two hundred
    17  feet  of  a building occupied exclusively as a school, church, synagogue
    18  or other place of worship, provided:
    19    (i) such premises constitutes a premises  for  the  sale  of  food  or
    20  beverages  at retail for consumption on the premises and/or an overnight
    21  lodging facility;
    22    (ii) such premises is wholly located within a  municipality  having  a
    23  population of less than one million people;
    24    (iii)  such  premises  is  located  in  a  commercial retail zone that
    25  permits the sale of liquor; and
    26    (iv) the governing body of the municipality  enacts  a  local  law  or
    27  resolution in support of the application for the license.
    28    §  4.  Subdivision 5 of section 64-b of the alcoholic beverage control
    29  law is amended by adding a new paragraph (c-1) to read as follows:
    30    (c-1) Notwithstanding the provisions of subparagraph (i) of  paragraph
    31  (a)  of  this  subdivision, the authority may issue a retail license for
    32  on-premises consumption for a premises which shall be within two hundred
    33  feet of a building occupied exclusively as a school,  church,  synagogue
    34  or other place of worship, provided:
    35    (i)  such  premises  constitutes  a  premises  for the sale of food or
    36  beverages at retail for consumption on the premises and/or an  overnight
    37  lodging facility;
    38    (ii)  such  premises  is wholly located within a municipality having a
    39  population of less than one million people;
    40    (iii) such premises is  located  in  a  commercial  retail  zone  that
    41  permits the sale of liquor; and
    42    (iv)  the  governing  body  of  the municipality enacts a local law or
    43  resolution in support of the application for the license.
    44    § 5. Subdivision 11 of section 64-c of the alcoholic beverage  control
    45  law is amended by adding a new paragraph (c-1) to read as follows:
    46    (c-1)  Notwithstanding the provisions of subparagraph (i) of paragraph
    47  (a) of this subdivision, the authority may issue a  retail  license  for
    48  on-premises consumption for a premises which shall be within two hundred
    49  feet  of  a building occupied exclusively as a school, church, synagogue
    50  or other place of worship, provided:
    51    (i) such premises constitutes a premises  for  the  sale  of  food  or
    52  beverages  at retail for consumption on the premises and/or an overnight
    53  lodging facility;
    54    (ii) such premises is wholly located within a  municipality  having  a
    55  population of less than one million people;

        A. 2083                             3
     1    (iii)  such  premises  is  located  in  a  commercial retail zone that
     2  permits the sale of liquor; and
     3    (iv)  the  governing  body  of  the municipality enacts a local law or
     4  resolution in support of the application for the license.
     5    § 6. Subdivision 8 of section 64-d of the alcoholic  beverage  control
     6  law is amended by adding a new paragraph (g) to read as follows:
     7    (g)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     8  sion, the authority may issue a retail license for on-premises  consump-
     9  tion for a premises which shall be within two hundred feet of a building
    10  occupied  exclusively  as  a school, church, synagogue or other place of
    11  worship, provided:
    12    (i) such premises constitutes a premises  for  the  sale  of  food  or
    13  beverages  at retail for consumption on the premises and/or an overnight
    14  lodging facility;
    15    (ii) such premises is wholly located within a  municipality  having  a
    16  population of less than one million people;
    17    (iii)  such  premises  is  located  in  a  commercial retail zone that
    18  permits the sale of liquor; and
    19    (iv) the governing body of the municipality  enacts  a  local  law  or
    20  resolution in support of the application for the license.
    21    §  7.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.
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